And
Civil Appeal Nos.7518-20 of 1996 (Arising out of SLP(C) Nos. 8215-17 of 1996)

ORDER

Delay
condoned.

Leave
granted.

We
have heard learned counsel on both sides.

The
writ petitioners in the High Court as well as the State have come up in these
appeals. It is not necessary for us to elaborate all the material facts and
also the contentions advanced in the High Court. Suffice it to state that the
High Court of Patna in the impugned order dated November 21, 1995 in CWJC Nos.
2093/89 and 3072/90 directed the Government to identify the vacancies existing
as on December 31,1987 and available for appointment from among the candidates
in the waiting list as recommended by the Public Service Commission to the
Assistant Engineers (Civil). The High Court also found that the 200 posts
earmarked by the Government in their resolution dated June 16, 1987 were intended for Engineers in
Rural Engineering Organization but the writ petitioners have no right to be
appointed up to those posts from the wait listed candidates.

Shri Gopal
Subramaniam, learned senior counsel appearing for the writ petitioners
contended that since the Public Service Commission had rejected the request of
the State Government to regularize the employees holding these 200 posts in the
Government Resolution dated June 16, 1987, those posts should be] made
available to the candidates who are wait listed. We find no force in the
contention. It is seen that those 200 posts are meant to the Rural Engineering
Organization and not for Road/Building Construction and Public Works
Department. Under those circumstances, the necessary consequence would be that
those 200 posts should be made available for direct recruitment through the
Public Service Commission and the eligible candidates would apply for and get
the selection according to rules for appointment to those posts. It would be
open to the employees also to apply for direct recruitment and seek selection
according to rules.

With
regard to the direction given by the High Court to identify the existing
vacancies as on December 31 1987 as per the Resolution of the Government for
being filled up by the wait listed candidates, we find no exception to the
direction given by the High Court, on the peculiar facts in this case. It is
true that the court cannot give direction to fill up vacancies from the waiting
list after the lapse of one year. But in this case, the High Court had given
exception to the principle. An interim direction given earlier to keep the
waiting list alive was in operation till the disposal of the writ petition. The
High Court has also found that on the basis of the material on record, it was
not possible for the court to record any finding as to the number of vacancies
existing as on December
31, 1987 so as to give
direction to fill up those posts from the candidates available in the waiting
list.

It is
then contended for the State that a positive stand taken and the material
placed before the High Court was that the vacancies meant for the general
candidates have already been filled up and that there were no vacancies
existing as on that date. It is true that the State has taken that stand. But
the High Court did not feel satisfied to accept the Government's contention
that no posts were available for appointment. Under those circumstances, it
would be for the Government to make afresh exercise to identify whether there
exist vacancies meant either for general candidates or for the reserved
candidates and, if so, how many of them do exist so as to fill up the
vacancies, if so identified, from among the candidates from waiting list If the
Government finds that there are no vacancies existing, the Government would
place a report in this behalf before the High Court accordingly.